Central Administrative Tribunal - Jabalpur
Suresh Kumar Khurana vs M/O Railways on 18 September, 2018
Subject: Review 1 RA No.25/2018 in OA No.200/00768/2011
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
JABALPUR
REVIEW APPLICATION NO.200/00025/2018
(in OA No.200/00768/2011)
Jabalpur, this Tuesday, the 18th day of September, 2018
HON'BLE MR.NAVIN TANDON, ADMINISTRATIVE MEMBER
HON'BLE MR.RAMESH SINGH THAKUR, JUDICIAL MEMBER
Suresh Kumar Khurana, S/o Shri Hemraj Khurana,
Aged about 60 years, Retired Chief Ticket Inspector,
West Central Railway,
R/o B/126-127, Priyadarshini Colony,
Airport Dumna Road, Jabalpur (M.P.)-482005 - APPLICANT
Versus
1. Union of India West Central Railway,
Through its General Manager, Indira Market,
Jabalpur (M.P.)-482001
2. Railway Board, Through its Chairman,
Rail Bhavan, New Delhi-110001
3. Divisional Railway Manager (Personnel)
West Central Railway, Jabalpur (M.P.)-482001 - RESPONDENTS
ORDER
By Navin Tandon, AM-
This Review Application has been filed by the applicant to review the order dated 28.08.2018 passed by this Tribunal in Original Application No.200/00768/2011.
2. The applicant has submitted that due to his inadvertence in his application letter dated 25.08.2009 the dates of his participation as referee in international events were wrongly detailed as under: Page 1 of 4
Subject: Review 2 RA No.25/2018 in OA No.200/00768/2011 (1) 26 to 28 June 2009 World Championship Qualification(Men) Tehran (Iran) (2) 12 to 14 July 2009 World Championship Qualification (Women) Bangkok (Thailand) (3) 31st July to 9th Aug.2009 Junior World Championship (Men) Pune (India) Whereas the correct dates of participation of the applicant in international events were as under:
SL Event Venue Dates
1. World Championship Tehran, Iran 25-27 May 2009
Qualification Tournament
for Men
2. World Championship Bangkok 12-14 June 2009
Women's Qualification (Thailand)
Tournament
3. 2009 FIVB Men's Junior Pune (India) 31st July to 9th
World Championship August 2009
3. The applicant has further submitted that their lies a typographical and inadvertent mistake on the part of the applicant in his application and therefore the same was also recorded in the judgment dated 28.08.2018 passed by the Tribunal in OA No.768/2011. He, therefore, prays for correction of dates of applicant's participation in international event in the body of the judgment passed in OA No.768/2011.
4. As regards the correction of facts recorded in para 2.1 of the order dated 28.08.2018 passed by the Tribunal in OA No.768/2011, is concerned, we find that the same have been recorded by the Tribunal in the order, in terms of the pleadings/documents available on record of OA Page 2 of 4 Subject: Review 3 RA No.25/2018 in OA No.200/00768/2011 No.200/00768/2011. However, we find that aforementioned OA No.200/00768/2011 was partly allowed by this Tribunal with the following directions:
"(10).However, on perusal of applicant's letter dated 25.08.2009 (Annexure A-6) we notice that the applicant has officiated as International Referee in some events which took place after 9th July,2008 (Annexure A-5) but before 9th July,2009 (Annexure A-3) i.e. during the period said incentive scheme was in vogue. In terms of para 9.3.5 of Railway Board's letter dated 30.03.2007 (Annexure A-4), these incentives shall be in addition to those, if any, granted for the sports achievements as a player. Therefore, denial of said incentive to the applicant for these events is not sustainable (11). In this view of the matter, this Original Application is partly allowed with a direction to the respondents to grant two advance increments for each event (before 09.07.2009) subject to total five increments to the applicant for his performance as Referee/Umpire in terms of Railway Board's letter dated 9th July 2008 (Annexure A-5). However, the applicant shall not be entitled to benefit of two increments for any event in which he participated after issuance of Railway Board's letter dated 9th July, 2009 (Annexure A-3). No costs".
5. From perusal of the operative portion of order passed by the Tribunal, we find that there was no direction, as such mentioning the dates of events of applicant's participation in international events. The Tribunal has only directed the respondents to "grant two advance increments for each event (before 09.07.2009) subject to total five increments to the applicant for his performance as Referee/Umpire in terms of Railway Board's letter dated 9th July 2008 (Annexure A-5)". Thus, so far as operative part of the order is concerned, since no specific dates of events were mentioned, it does not require any change. The Page 3 of 4 Subject: Review 4 RA No.25/2018 in OA No.200/00768/2011 applicant may, if so desire, make an application to the respondent- authorities pointing out the specific dates of events, who, in turn may consider the same before considering applicant's case for grant of benefit in terms of the order passed by the Tribunal.
6. In the result, with the aforesaid observations, this Review Application is dismissed at the circulation stage.
(Ramesh Singh Thakur) (Navin Tandon)
Judicial Member Administrative Member
rkv
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